Stafford says "no" to town homes

ANDREA BROCKMAN

Published 7:00 pm, Monday, June 17, 2002

Houston Promenade Associates wants Stafford's subdivision ordinance amended in order to plat a town house subdivision in a Mixed Use District.

Peter S. Boecher, senior planner for Vernon G. Henry and Associates, says he and the property owner David Lucyk have been working with city staff and nearby homeowners for the past two years to develop The Town Homes at Promenade Estates on an 8.9 acre site at the southeast corner of Promenade Boulevard and Boardwalk Parkway.

The property is part of a larger area zoned MU-Mixed Use, and town houses are permitted in a MU District only upon council granting a specific use permit.

Boecher says the proposed project meets the thorough list of town house regulations in the zoning ordinance. However, the city's subdivision ordinance excludes corresponding platting requirements for town houses.

"If the city of Stafford believes that town houses are an appropriate use in certain locations under certain conditions, then the Subdivision Ordinance will need to be revised," Boecher says.

If council had revised the ordinance, then Lucyk would have to come back before council to request a specific use permit, which would allow a public hearing, and this may have turned into history repeating itself.

In April 1999, Houston Promenade Associates made the same plea, and council voted 3-2 on a motion to hold a public hearing. At the hearing, a number of Promenade homeowners presented their concerns, and council voted 5-0 not to amend the ordinance.

He also suggested that any town house platting requirements inserted into the subdivision ordinance be made applicable only to areas within the city's corporate limit, where zoning regulations are enforced and a special use permit is required.

"This would prevent undesired town house developments with in the city's extraterritorial jurisdiction," Boecher says.

David Lucyk, who has owned the property for nine years, says he came before council only to get the plat approved and has tried to work with the city and the homeowners.

"I feel I have the right to build these town homes."

Mayor Leonard Scarcella says since Lucyk has owned the property for nine years, and the property was not zoned five years ago, that Lucyk could have done anything with that land.

"This is not something we changed to deprive you, you could have built those town homes when we didn't have zoning," Scarcella says.

Scarcella says the central issue lies in what the neighborhood is comfortable with.

"Most people here have their most important investment of their entire holdings in their home. You are asking us to change an ordinance to let you do something previously not allowed to be done. Council needs to find out if this is in the best interest of the city, and its quality of life."

Though the meeting was not a public hearing, council allowed some of the many Promenade residents who attended the meeting address their concerns.

Promenade resident Errie Edwards Bennett, recently elected to the Promenade HOA, says though the developer says he has worked with the residents, that the HOA has not made any commitment or changed its position on town homes in the community.

"They would be a detriment. Our homes are the most important investment, and we are concerned about the impact on our community."

Lucyk says the proposed town homes will be priced around $130,000 and says "they would not be a detriment."

HOA president Lana Hoesing says in meetings with Lucyk, his attitude has made members feel he couldn't be trusted.

"We feel that if council approves this, how could they keep the values up. If he can't sell the homes, then the price will go down."

Hoesing, who also spoke at the April 1999 public hearing, said she has lived all over the United States and anytime town homes were allowed in the community they ended up as rental property, decreasing the value of the neighborhood and the city.

Promenade resident Michael Whitlock agreed with Hoesing, saying that "town homes are only dressed up apartments."

Scarcella says though Lucyk has indicated a right to build town homes on the property, council has to look at the city and its residents' best interest, and it appears there is tremendous trepidation and concern about allowing this situation to occur in Promenade and Stafford.

Scarcella, who says he has lived in apartments, town homes, duplex and a large home, says he knows lifestyle varies with circumstances, but he has to look past his personal beliefs and do what is best for the city.